ISLAMABAD - The Islamabad High Court (IHC) Friday barred the trial court from recording statements of witnesses against PTI founder Imran Khan and his wife Bushra in the unlawful marriage (Iddat) case. A single bench of IHC comprising IHC Chief Justice Justice Aamer Farooq conducted hearing of the petition moved by Bushra seeking dismissal of the plea filed by her ex-husband Khawar Maneka against the fraudulent marriage between her and Khan.
She challenged the order dated 11.12.2023, passed by Senior Civil Judge-II, East-Islamabad, whereby complaint filed by respondent No.2 was admitted and process under Section 204 Cr.P.C. has been issued against the petitioner to face trial, as well as order dated 11.01.2024, passed by Additional Sessions Judge-V, East-Islamabad, whereby revision filed by the petitioner was dismissed.
Justice Aamer wrote in his written order that notices were issued to the respondents on 15.01.2024, and the counsel for complainant/respondent No.2 entered appearance on 17.01.2024. However, no one is in attendance on behalf of the complainant/ respondent No.2 yesterday.
He added, “Let notice be repeated to the said respondent/complainant. The prosecution shall not lead evidence in the instant matter till next date of hearing.”
During the hearing, Imran and Bushra’s counsel Barrister Salman Akram Raja informed the court that the entire district judiciary was present in Adiala Jail to record statements of the witnesses.
The IHC Chief Justice directed him to provide details of the case as he would stop the trial court from recording the witnesses’ statements. Raja said that even if the witnesses’ statements were accepted, the Nikah took place 48 days after the divorce.
The bench asked what was the duration of Iddat (the intervening period before the next marriage). The counsel replied that usually it was 90 days but Islamic jurisprudent and noted scholar Mufti Taqi Usmani had given a clarification in the said period. He also said that a Supreme Court verdict was available regarding Iddat.
The IHC CJ said that let’s suppose the SC ruling was not available then what was he challenging in the petition. The counsel said that he had challenged the summons issued to Imran and Bushra in the case.
Justice Aamer said that as per law, if Nikah was solemnised during Iddat then it could be regularized later. He wondered what was the crime even if the Nikah was not formal.
Later, the IHC bench issued notice to Khawar Maneka and deferred the case till January 25 for further proceedings.
Bushra had filed the petition urging the IHC to dismiss the admissibility of the case and stating that a trial court has no jurisdiction to hear it.
In her plea, she mentioned that in their judgments the high courts declared marriages in Iddat to be irregular, not annulled. The petition further contested that Bushra’s ex-husband filed a complaint under malice for nefarious purposes, falsely alleging marriage during Iddat on the basis of false and fabricated documents.
